Stawell Gold Mines Pty Ltd

[2015] FWCA 1699

[2015] FWCA 1699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stawell Gold Mines Pty Ltd
(AG2015/1806)

STAWELL GOLD MINES PTY LTD 2013 ENTERPRISE AGREEMENT

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 13 MARCH 2015

Application for variation of the Stawell Gold Mines Pty Ltd 2013 Enterprise Agreement.

[1] An application has been made for approval of a variation of the Stawell Gold Mines Pty Ltd 2013 Enterprise Agreement (the Agreement). The application was made pursuant to s 210 of the Fair Work Act 2009 (the Act) by Stawell Gold Mines Pty Ltd (Stawell Gold Mines).

[2] The variation can be found at Annexure A to this decision.

[3] On reading the terms of the variation to the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Mining Industry Award 2010. I have accepted an undertaking from Stawell Gold Mines which remedies my concern with the Agreement. The undertaking is attached as Annexure B. I am satisfied that the undertaking meets the requirements prescribed by s 212 of the Act.

[4] I am satisfied that each of the requirements of s 211 of the Act as are relevant to this application for approval of a variation to the Agreement have been met.

[5] The application is approved and, in accordance with s 216 of the Act, shall come into effect from 13 March 2015. In accordance with a decision by the Commission on 18 June 2014, the original operative date of the Agreement remains 25 June 2014. The nominal expiry date of the Agreement remains 25 September 2017.

[6] A consolidated version of the Agreement is attached to this decision and will be published.

COMMISSIONER

Annexure A:

Annexure B:

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